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The Big Timber Pioneer
YOLUME M NO. 9
BIG TIMBER, SWEET GRASS COUNTY, MONTANA, THURSDAY, JANUARY 5, 1928
PRICE 12.00 PER YEAR
JUDGE PRAY DISCHARGES
DEFENDANTS IN WOOL CASE
Conspiracy Not Proven And Place Of Theft
Not Established—Concluding: Testimony
Of Government finished Friday
Governor Smith's Annual Message
Regarded As His National Plat form
{The case against Wilt, Mnlvihill and
Scott, charged with theft of wool from
the Northern Pacific at Columbus, on
trial in the federal court at Billings
hut week, blew up in the middle and
at both ends, according to the following from the Billings Gazette:
Coming with dramatic suddenness
and apparently taking the crowded
court room, the prosecution and the
three defendants by surprise. Judge
Charles N. Pray, late Friday afternoon,
granted the motion of the counsel for
the defendants and dismissed the action
against William Witt. Thomas P. Mul-
vlhlll and "Sir Walter" Scott, for the
alleged theft and alleged conspiracy
to steal a quantity of wool from an
Interstate shipment during the summer
of 1925.
Shortly after the noon recess, the
prosecution rested jts case, and then
Horace S. Davis, a member of the firm
of Brown, Wiggcnhorn Jfc Davis, of this
city, with Barney Berg of Columbus,
acting as counsel for the defendants,
moved that all of the 12 counts charged against each of the three defendants lie dismissed. Following the presentation of the motion. Mr. Davis and
Wellington D. nankin. United States
district attorney, argued the matter
before Judge Pray.
After hearing the statements of op
posing counsel, all of which, including
the reading of the motions presented,
was given in the absence of the jury.
Judge Pray ordered a recess while he
considered the matter.
After a wait of about 20 minutes.
Judge Pray came liack into the court
room and ordered the jury brought
In. Then in a long and detailed explanation he told the jury that owing
to the lack of comprehensive evidence,
linking Hie three defendants with the
crime, that he would dismiss the action. Suspicious circumstances alone.
Judge Pray said, cannot he used to
convict a person of a crime.
The failure or inability of the prosecution to prove that the wool stolen
was the same that had been resacked
in the Jim Scot I garage, and the fact
that no definite proof had l>ccn given
that the wool stolen had h.-en taken
from the freight cars while still at
Columbus, were the determining factors in the riding made. Judge Pray
said.
Judge Pray's dismissal of the action
brought to a close the case which had
opened here Wednesday morning. The
selection of a jury and presentation
of the prosecution's testimony had
taken more than two and a half days.
As the defense had subpoenaed approximately 50 witnesses, it had apiicared,
until Judge Pray's action, that the
trial would extend into next week.
Owing to the fact that the defense
had not been given in o|>en court, a
chance to present its side of the case.
The Gazette asked II. G. Wiggcnhorn.
as spokesman for the defendant's
Dun's Takes Hopeful
View Of Coming: Year
NEW YOHK. Dec. .10.—Dun's tomorrow will say:
The lethargy in business which invariably prevails at this period has
been somewhat relieved by the more
vigorous action of buyers in certain
prominent markets. A general deferring of important commitments until
after the year-end would be quite natural yet several instances of an opposite tendency have appeared at a tim«
when they were least to he expected.
The conspicuously large orders for railroad equipment, supplemented by augmented demands from some other
sources.' have further bettered the
status of the iron and steel industry,
which has l>ecn steadily emerging
from its comparatively recent inertia.
counsel, to prepare a statement outlin
ing the case from the standpoint of
the defense. His statement follows:
"In granting the motion and discharging the defendants and the jury
from further consideration in the case.
Judge Pray explained to the jury that
to go farther with the trial would be
a needless waste of time; that the
most that could be said regarding the
government's case was that it showed
a train of suspicious circumstances,
none of which however were sufficient
in law to warrant a conviction or to
warrant a consideration thereof by the
jury; and that were he to allow the
case to go farther, that if would merely result in a reversal in the circuit
court of appeals should a conviction
he made.
"At the close of the case the defendants* attorneys stated that the defendants were prepared by Indisputable
testimony to completely explain away
every circumstance brought out by the
government which involved the defend
ants; that while their duty to the defendants required them to make the
motion, the defendants would much
have preferred to have bared all of
the facts so that the public also might
know the truth. Among other things
we were prepared to show the identity
of every pound of wool that was delivered to the railway company after
the cars from which it was alleged
wool was stolen were scaled.
"While the government's testimony
tended to show that after the two
ears from which it was proved wool
was missing upon arrival at Chicago,
left the Columbus yards, one or more
of the defendants delivered wool at
the wool warehouse at Columbus slightly in excess of the quantity of wool
as taken from each of the cars: that
one or more of the defendants had rc-
fContinued on page three)
ALBANY, N. Y\. Jan. 4.—In 99 printed pages totalling more than 30,000
words. Governor Alfred E. Smith today
laid Itefore the legislature—and, incidentally at least, before the country—
a summary of his political platform.
By many of his friends and opponents
it wus accepted as a fairly complete
exposition of the platform upon which
he might be considered a candidate for
the democratic presidential nomination.
Among points he covered which might
be deemed to have national scope,
Governor Smith urged state development and control of public water
power sites; restoration of the direct
primary; extension of basic home rule
laws to towns and villages ami control I>\ municipalities of public utilities within their jurisdicton.
With reference to the broad question
of prohibition, the governor urged
adoption of an amendment of the state
constitution to provide that no amendment to the federal constitution be
ratified by future legislatures until it
had been approved by a referendum.
The message also contained in declaration for strict observance and enforcement of the prohibitory laws. No
suggested,
legislation affecting prohibition was
Byram Quits Railway
For H. A. Scandrett
NEW YOHK. Dec. 29.—II. E. Byram,
formerly president and now one of the
receivers of the Chicago. Milwaukee &
St. Paul Railway company, has advised
the reorganization managers that be
does not desire to assume the responsibilities of president of the reorganized company. Henry A. Scandrett of
Omaha, now vice president of the
I'liion Pacific system, has been selected for the presidency, the Associated
Press learned on reliable authority tonight.
It is expected that Mr. Scandrett will
assume his duties immediately on the
approval of the reorganization plan
by the interstate commerce commission. Mr. Byram. it is lielieved. will
continue his connection with the property in the capacity of chairman of
the lioard of directors.
Friends of Mr. Byram have known
for some time that he desired to be
relieved of some of his duties, which
have been particularly arduous during
the receivership of the road, and the
announcement of his successor as operating head of the company has been
awaited with great interest in the
railroad and financial worlds. The St.
Paul, operating approximately 11.000
miles of track in 12 northwestern
states, is one of the largest railroads
in the country.
Mr. Scandrett. who is 51 years old,
has the reputation of being one of the
greatest traffic experts In the country,
being particularly well versed in northwestern railroad problems. He has
been connected with the legal department of the Union Pacific ever since
his graduation from the law school of
the University of Minnesota, his work
being largely in connection with rate
matters, valuation problems, labor
problems, and other matters arising
under the interstate commerce act.
ATTEMPT TOf MPEACH GOVERNOR OF
OKLAHOMA AND OTHERS FALLS FLAT
OKLAHOMA CITY. Okla.. Dec. 20.—
Oklahoma's political insurrection, aim-
ad at the removal of Gov. Henry S.
Johnston and at least two other state
officers, reached an unsuccessful end
today.
With dramatic suddenness the state
senate borught impeachment activities
to a close today by the dismissal of
charges voted by bouse members
against Governor Johnston. Chief Justice Fred P. Branson of the state supreme court, and President Harry B.
Cordell of the state board of agriculture.
Meeting in a downtown hotel, to
which they retreated yesterday after
they had been dispersed-at the doors
of their capltol chamber by national
guardsmen under the direction of the
governor, the senators decided, by
vote of 26 to 16, that the house of
representatives had no authority ,to
convene' itself and vote the impeachment charges.
Members of both houses, who had
persisted in meeting despite a series
of unfavorable decisions by state
courts and the; military resistance,
abandoned their activities abruptly
after the senate decision and began to
depart for their homes, unpaid for
their efforts.
Shortly after the session had adjourned. Governor Johnston issued an
order demobilizing the units of the
Oklahoma national guard, which first
were called out Dec. 12 to prevent
the house of representatives from
meeting in its chambers and voting
impeachment charges.
Several senators who spoke and
voted for dismissal of the impeachment charges made it clear they did
so not because of friendship for the
accused officials but because they had
become convinced of the illegality of
the attempted actions.
Senator Tom Anglln, of Holdenville.
one of the strongest bulwarks of defense against the assault on the office
of the governor, said that "Johnston
is no governor at all." but argued
against the pursuance of a course of
action which he felt would result in
dual government and chaotic conditions In the state. Senator Anglln
was president pro tempore of the senate that conv|eted former Governor
J. C. Walton on Impeachment during
absences from the state of Governor
M. E. Trapp.
Montana Bandit Kills
Three In Salmon, Ida.
SALMON. Ida, Jan. 3.—Robert Hamilton, charged with the shooting to
death last night of three city officers
here, was surrounded and captured tonight by a posse from this city, which
found him in a barn about two miles
from the scene of the shooting. Hamilton was seriously wounded in trying
to escape and it was considered doubtful whether he would reach Salmon, in
the custody of his captors, alive.
Hamilton, a former resident of the
Big Horn basin, shot and killed Deputy Sheriff Lewis Bancroft, Bill With-
ingtou and Len Cummings, all of this
city, in Hamilton's cabin at Tendoy,
:!(l miles north of here.
Hamilton had been in trouble several limes in Montana and Idaho and
was regarded by officers as a desperado. He had been arrested yesterday
on a charge of robbery. Bancroft deputized two Hamilton citizens, Withing-
ton and Cummings, to assist him in
making the arrest. After he had been
notified that he was under arrest, Hamilton asked that the officers accompany
him to his cabin where he said he
wanted to get warmer clothing. The
men consented hut no sooner had the
party reached Hamilton's cabin than
lie shot each of the three men through
Die' head, killing each instantly.
Hamilton then took Bancroft's gun
and a horse and started toward the
Montana line. He was believed to have
gone down Agency creek, across the
divide, and to lia\e headed toward
Horse Prairie.
The posse organized here discovered
Hamilton in a barn near the scene of
(he shooting, however, and when he
attempted to effect his cscepe. Hamilton was shot twice, once in the head
and once in the chest. Because feeling
is running high here officers arc keeping Hamilton at the ranch house. A
doctor was called, but the man cannot
possibly live, it was reported here.
Judge Miller Holds
Short Term Of Court
Judge 11. J. Miller was here from
Livingston Tuesday to hold a short
session of court. Matters were heard
as follows:
State of Montana against Ed Wat-
kins, burglary. Defendant arraigned
and entered plea of not guilty. Bail
fixed at 91.000.
Beatrice Beglcy vs. Lee Begley. Divorce granted. Plaintiff given leave
to resume maiden name of Beatrice
Hoesic.
Associated Mortgage Investors, Inc.,
vs. Montague Ball and others. Judgment for plaintiff for HJXUH principal and interest, $13.1.99 attorney's fee.
926.50 abstract fee, 911.A5 costs. Foreclosure of mortgage ordered.
Probate orders were made as follows:
Henry F. Dean, deceased. Order approving sale of real estate signed.
Alice M. Wlllmnn. deceased. Hearing
set for February 7.
Jonas Andrew Skipstad. deceased.
Order authorizing lease of real estate
signed.
P. Kelly, deceased. C. L. Crest appointed administrator.
Thomas Bcntson. deceased. Order
appointing administrator signed.
C. B. Mendcnhall. deceased. Order
directing sale of real estate signed.
II. P. Franklin, deceased. Final account approved.
Townsend World War
Man Freezes To Death
TOWNSEND, Dec. 30.—The frozen
body of Benjamin Bunch, World war
veteran, who served overseas, was
found at 10 o'clock this morning, within a hundred feet of his cabin on-the
outskirts of the town. Floyd Johnson
discovered the body and reported to
the authorities, who summoned a doctor. Death was caused by exposure,
according to the physician.
Mr. Bunch was last seen alive at a
pool hall about midnight, when he left
for home. For the past week he had
suffered from lumbago and referred
to an attack he had early yesterday.
It was supposed that en route home
he was again attacked and lay down
to rest. Drowsiness probably overcame
him, due to the cold, and his death
followed The authorities had not decided tonight whether or not an in-
cpicst would be held. There is no suspicion of foul play.
Bunch was about 40 years old. He
came to Broadwater county In 1014
and except during the time be served
in the World war has made his home
here and at various ranches where he
worked. He was born in Kentucky. So
far as known no relatives reside in
Montana. The veteran was a member
of the Broadwater post of the American Legion.
Florida Member Gives
Good Southern Dope
WASHINGTON, Dec. 30.—All candidates for the republican presidential
nomination and their campaign managers were warned Friday by George
W. Bean, national committeeman for
Florida, that their pre-convention campaigns must be waged "in the same
dignified way*1 in the south as they
will he in the north, fir sentiment
will react against them.
Any attempt, he declared, to send
contesting delegations to the Kansas
City convention in the hope of blocking a nomination for any particular
candidate will "stir up strife" with
bad results to the persons responsible.
Denying that the southern delegations could be "delivered" to any single man, the committeeman declared
that the delegates from the south
would go to Kansas City "unrestricted
and unpurchasablc." and that the only
prerequisite they would ask of a candidate would be that he be in sympathy with the Coolidge policies.
Bean declared he favored President
Coolidge for the nomination ''almost
to the point of drafting him." hut asserted that he would not be a party
to a draft movement unless lie was
convinced beforehand that Mr. Coolidge would accept the nomination if
tendered him.
The Floridan declared that "every
southern national committeeman*' resents the statement that the south
can be delivered to any one.
"Willi the president out of the race.
we must find a strong candidate who
will appeal to the masses, particularly
in the doubtful states. The democratic south is going to vote for their
.• .mlnee, whoever he may be: have no
illusions about that fact. Then our
candidate must represent the Coolidge
policies to carry states like New York.
New Jersey. Indiana and Illinois."
THREE OF FORTY DROWNED
IN SDB S4 BROUGHT TO TOP
One An Officer, Another A Mate, And Third A
Petty Officer—Coolidge Sends Message
Requesting Quick Investigation
Murder In New York
Gets Much Attention
NEW YOBK. Dec. 20.—Two slim
clues were uncovered by police today
in the mysterious murder of Mrs. Mary
Harrington, vaudeville actress, believed
to have been l>catcn to death in her
Upper West Side apartment.
They led to a search for the driver
of a blue taxicah which neighbors said
they often had seen parked for hours
outside the apartment building and for
a man who last Friday answered the
woman's advertisement offering to sublet her apartment.
An autopsy today established that
death was caused six days ago by
heavy blows which crushed the skull.
The woman's empty jewel case, its
lock shattered, was found in a bureau
drawer, when the body was found.,
yesterday morning. There were evidences of a terrific struggle in the
bathroom where the body was found
and the assailant had carefully replaced furniture which must have l>ccn
overturned.
Guy Harrington, the woman's husband, left for New York today from
Wilkesbarrc. Pa., where he has been
appearing with a stock company. It
was his reference to a taxicab driver
first led police to seek the drher of
the blue car as the slayer. He said
he had not heard from his wife for
two weeks and that they had been
separated for several years.
Weather Had Nothing
On Annual Mask Ball
Weather conditions for the annual
masquerade of the Modern Woodmen,
Monday night, were anything but encouraging, hut the crowd was there.
Had the conditions been heller the
committees would have had hard time,
providing for guests, as the hall was
filled to overflowing all the time.
Good music was furnished by Mrs.
Ceryl O'l.cary. F. M- Ferris. Dr. J. W.
Church, Myron Bryant and Allen Gamble.
Judges for the ladies were Mrs. W.
D. McKenzie, Mrs. W. G. Aller and
Evelyn Bees; for gentlemen, Glen M.
Tangen, J. N. Blankenhaker and Leo
J. Cremcr.
Prise winners were: Ladies—Original
costume, Bessie Bichardson. first; Stella Farmer, second; Charleston, leathering Harper; first flower girl, Mrs. A.
A. Lamp, second Hattie Johnson; comical lady, L. R. Zcllers; cow girl. Jennie Harper; old maid, Mrs. J. E. Cameron; Norwegian, Mrs. James Sands-
ness; negress, Mrs. George Thorson;
Indian, Mrs. Forrest Dodge; Gypsy.
Vivian Green; bride and groom, Ethel
Manis and Grace Munroe. Gents—Original, Bob Hart, first, Ed Douthctt. second; comical, Ceryl CLeary; Norwe-
gisn, S. N. La void; Scotch Highland,
Stanley'Harper; clown, A. T. Ellison;
fanner, Will Churchill; fat man, A. A.
Lamp; cowboy, Ernest Langston; negro.
Harry Dngro; Charleston, Arnold
Slerdand, Floyd Harper, Thjrra Dodge.
PUOVINCKTOWN. Mass.. Jan. 4.—
The sunken submarine S-4 today yielded the bodies of three of the 40 men
who lost their lives when the ship was
rammed and sunk ofT Cape Cod eighteen days ago.
Divers, entering the hull this afternoon, carried the bodies from the engine room and from the ocean bottom
they were raised slowly to the surface at the end of ropes lowered from
the salvage ships on the surface.
With no attempts at identification,
the bodies were placed in liaskets and
put aboard the destroyer Maury which
started tonight for the navy yard at
Boston. There they will lie transferred to the na\y hospital at Chelsea
where identification will be made.
A naval academy class pin on one
indicated the body was tliat of one
of the five officers who were aboard.
Another was a machinists mate, and
the third apparently a chief petty officer.
Divers who recovered the bodies expressed the opinion there were no
others in the engine room compartment. They did not succeed in completing their search of the compartment, however, before they were forced to stop operations for the day.
Although there was no opportunity
for a thorough medical examination,
the appearance of the bodies indicated
the three men were drowned rather
than suffocated. They bore little evidence of the long immersion in the
water. All of the bodies were fully
clothed and when found were on the
floor of the compartment.
WASHINGTON. .Ian. 4.- In answer to
the nation's question concerning the
loss of the S-4 with her forty officers
and men, the administration took steps
today to set in motion an investiga-
Hickman's Lawyer Is
Ready For Big Scrap
LOS ANGKLKS. Cal.. Dec. 30.—Plea
of insanity. Jerome Walsh, counsel for
William K. Hickman, said late today,
would he the confessed kidnaper and
slayer's answer to the charge of abducting and murdering of Marian
Parker.
Walsh. Kansas City attorney, who
came here to defend the t!)-ycar-old
youth, who today told Chief of Detectives Herman Cliue that the $1,500
ransom obtained from the dead girl's
father meant more to him than the
girl's right to live, tonight outlined
his probable defense on the plea of
insanity.
The Missouri lawyer, who arrived
here yesterday and spent the day closeted with Los Angeles officials and in
Hickman's cell with the prisoner, said
that a night's study of the California
penal code offered four possible avenues of plea. These are. lie pointed
out. "guilty,** 'tin sanity." guilty and
insane." or "not guilty and insane."
The last pleas would require, first,
a trial as to the guilt of the charge
of kidnaping and murder and later a
separate trial as to sanity, before
cither the same or a different jury.
The legal roads open to a defense
of Hickman on a plea of insanity are
founded on new sections of the penal
code, legal authorities said, which have
not been tested before the supreme
court.
Walsh, retained by Hickman's mother in Kansas City, exrpesscd his belief
that Hickman has withheld information of the kidnaping and murder of
the 12-ycar-old daughter of Perry M.
Parker, hank oflicial. He said he was
convinced that the crime had not
been commit led by one person alone.
The attorney also announced thai
Hickman's mother and sister might
come to California for the trial.
lion by a specially appointed commission.
• Acting upon a suggestion of Secretary Wilbur, President Coolidge asked
congress ofr authority to appoint three
civilian experts and two retired naval
officers to inquire into the disaster
which Chairman Hale of the senate
naval committee declared had stirred
the country as had no other since the
blowing lip of the battleship Maine.
Identical resolutions to carry out the
president's suggestion were introduced
at once in the house anrl senate with
indications that the final action would
he taken within a few days.
Resides inquiring into the disaster
itself, the commission would study and
make recommendations for the improvement of devices to insure the future safety of the navy's submarine
forces and to prevent so far as possible
a repetition of the S-l tragedy.
I'nder the resolutions the commission
would he clothed with full power to
subpoena witnesses, hooks and papers,
take testimony under oath and perform
all other legal functions of a regularly
constituted committee of congress. Its
report would be made to congress
through the president, insuring complete publicity for its findings and recommendations.
The president's proposal, which included an expense appropriation of
•120.000. occasioned brief discussion in
the two houses anil apparently headed
off outbursts which had been promised by a. number of congressional statements during the Christmas holidays.
In introducing the resolution in the
senate. Senator Hale said he lielieved
that the navy had done everything possible to rescue flie men in the S-4 but
added that it was not enough that ha
and oilier senators held that belief.
'The fair name oft he navy demands
thai the verdict for or against the
navy shall be delivered by a commission that all men must know to be impartial," he said.
Refore the resolution was introduced
in the house by Chairman Butter of
Hie naval committee, different eye witnesses' account of Hie S-l rescue at-
lempfs were given by Representative
l.aguardia. republican. New York, and
Representative Gilford, republican. Mass
achusells.
In order to speed action on the
house resolution, I he extraordinary
step of referring it directly to the
rules committee was agreed upon by «
leaders of both parties. Chairman
Snell of that committee expects no opposition to the resolution with a likelihood thai it would lie reported before the week end. The senate resolution was referred to the naval committee which was called upon to meet tomorrow for action upon it.
George Remus Must
Enter Insane Asylum
CINCINNATI. O.. Dec. :«0.—The unanimous finding of sanity by six of Cincinnati's most eminent specialists in
mental diseases lo the contrary. Judge
William H. I.ucders today declared
George Remus "now insane and a dangerous person to be at large," and ordered him committed to the state hospital for the criminal insane at Lima.
The decision, however, merely marked a milestone in the strenuous fight
of the former Chicago lawyer, who
became the "king of bootleggers'* to
evade punishment for the murder of
his estranged wife. Imogcne.
The liattle. almost immediately, was
carried into another court, upon a petition for a writ of habeas corpus.
Gabriel Ryerson. brother-in-law of
Remus, won the issuance of a writ
upon which final hearing was set for
III o'clock next Tuesday morning.
I'nder Judge I.ucders' decision. Remus
was lo have been taken to Lima.
HICKMAN DEFENSE TO BE INSANITY
ON MURDER AND KIDNAPING CASE
LOS ANGKLKS. Jan. .1.—William F.d-
ward Hickman today pleaded not guilty
to Hie charges of kidnaping and murdering Marian Parker "by reason of
insanity."
He at first pleaded insanity on the
murder charge alone, but changed it
later to cover both accusations.
Asked by the court if he knew the
insanity plea was an admission of the
killing, he replied with a brief "yes."
Superior Judge Carlos Hardy fixed
the date of trial as Jan. 25. At first
he named Jan. 24. but when he found
that he was consulting a 1927 calendar,
be changed the day.
Hickman's attorney, Jerome Walsh,
of Kansas City. Mo., filed an affidavit
of fact asking for a delay in the idea,
hut this was denied.
Following the taking of the picas.
Walsh asked for a 35 day continuance
lieforc trial, which is five days over
the legal limit in this state. The
judge ended the argument by setting
Jan. 25.
Hickman was asked by the court if
Walsh was his only attorney and he
replied: "Yes, your honor."
He spoke only twice daring the short
session. Throughout lie sat beside his
lawyer at the counsel table with eyes
fixed on the floor.
Behind him, at the rear of the court
room, was the only representative of
tiie Parker family present. Perry (Bill)
Parker, step-brother of the slain girl.
Young Parker appeared to be under a
severe nervous strain, riveting his eyes
alternately on the judge and the prisoner.
There was only one delay from tha
time Hickman was led through heavily guarded corridors to the court room
until he emerged again on his way
liack to the county jail. This cam*
during a conference in the Judge*!
chambers between Judge Hardy ami
Walsh after the latter had asked for
a continuance on the plea.
While the court recessed, Hickman
was taken from the room to the prisoners' room adjoining, and was returnr
ed four minutes later when Judge
Hardy resumed the bench.
The entire eighth floor of the Hall
of Justice was crowded solid with per-.
sons seeking admittance to the court
room bat a heavy squad of guard*
with tear bombs in their hands, ready
for emergencies, maintained order.

This collection encompasses the Big Timber Pioneer Newspaper published from 1893-2000.

Creator

Williams, Jerome

Genre

newspapers

Type

text

Language

eng

Date Original

1928

Subject

Big Timber (Mont.), Sweet Grass County, (Mont.), Newspapers

Rights Management

Copyright to this collection is held by Yellowstone Newspaper Group, Livingston, Montana. Permission may be required for use and/or reproductions. Items published before 1923 are in the public domain.

Contributing Institution

Big Timber Carnegie Public Library

Geographic Coverage

Big Timber (Mont.); Sweet Grass County (Mont.)

Digital Collection

Big Timber Pioneer Newspaper

Digital Format

image/tiff

Digitization Specifications

Microfilm scanned at 300 dpi, 8 bit gray scale

Date Digitized

2013

Transcript

1l\«»*f
\e*
\$*%tf
*/sr,
ccn given
that the wool stolen had h.-en taken
from the freight cars while still at
Columbus, were the determining factors in the riding made. Judge Pray
said.
Judge Pray's dismissal of the action
brought to a close the case which had
opened here Wednesday morning. The
selection of a jury and presentation
of the prosecution's testimony had
taken more than two and a half days.
As the defense had subpoenaed approximately 50 witnesses, it had apiicared,
until Judge Pray's action, that the
trial would extend into next week.
Owing to the fact that the defense
had not been given in o|>en court, a
chance to present its side of the case.
The Gazette asked II. G. Wiggcnhorn.
as spokesman for the defendant's
Dun's Takes Hopeful
View Of Coming: Year
NEW YOHK. Dec. .10.—Dun's tomorrow will say:
The lethargy in business which invariably prevails at this period has
been somewhat relieved by the more
vigorous action of buyers in certain
prominent markets. A general deferring of important commitments until
after the year-end would be quite natural yet several instances of an opposite tendency have appeared at a tim«
when they were least to he expected.
The conspicuously large orders for railroad equipment, supplemented by augmented demands from some other
sources.' have further bettered the
status of the iron and steel industry,
which has l>ecn steadily emerging
from its comparatively recent inertia.
counsel, to prepare a statement outlin
ing the case from the standpoint of
the defense. His statement follows:
"In granting the motion and discharging the defendants and the jury
from further consideration in the case.
Judge Pray explained to the jury that
to go farther with the trial would be
a needless waste of time; that the
most that could be said regarding the
government's case was that it showed
a train of suspicious circumstances,
none of which however were sufficient
in law to warrant a conviction or to
warrant a consideration thereof by the
jury; and that were he to allow the
case to go farther, that if would merely result in a reversal in the circuit
court of appeals should a conviction
he made.
"At the close of the case the defendants* attorneys stated that the defendants were prepared by Indisputable
testimony to completely explain away
every circumstance brought out by the
government which involved the defend
ants; that while their duty to the defendants required them to make the
motion, the defendants would much
have preferred to have bared all of
the facts so that the public also might
know the truth. Among other things
we were prepared to show the identity
of every pound of wool that was delivered to the railway company after
the cars from which it was alleged
wool was stolen were scaled.
"While the government's testimony
tended to show that after the two
ears from which it was proved wool
was missing upon arrival at Chicago,
left the Columbus yards, one or more
of the defendants delivered wool at
the wool warehouse at Columbus slightly in excess of the quantity of wool
as taken from each of the cars: that
one or more of the defendants had rc-
fContinued on page three)
ALBANY, N. Y\. Jan. 4.—In 99 printed pages totalling more than 30,000
words. Governor Alfred E. Smith today
laid Itefore the legislature—and, incidentally at least, before the country—
a summary of his political platform.
By many of his friends and opponents
it wus accepted as a fairly complete
exposition of the platform upon which
he might be considered a candidate for
the democratic presidential nomination.
Among points he covered which might
be deemed to have national scope,
Governor Smith urged state development and control of public water
power sites; restoration of the direct
primary; extension of basic home rule
laws to towns and villages ami control I>\ municipalities of public utilities within their jurisdicton.
With reference to the broad question
of prohibition, the governor urged
adoption of an amendment of the state
constitution to provide that no amendment to the federal constitution be
ratified by future legislatures until it
had been approved by a referendum.
The message also contained in declaration for strict observance and enforcement of the prohibitory laws. No
suggested,
legislation affecting prohibition was
Byram Quits Railway
For H. A. Scandrett
NEW YOHK. Dec. 29.—II. E. Byram,
formerly president and now one of the
receivers of the Chicago. Milwaukee &
St. Paul Railway company, has advised
the reorganization managers that be
does not desire to assume the responsibilities of president of the reorganized company. Henry A. Scandrett of
Omaha, now vice president of the
I'liion Pacific system, has been selected for the presidency, the Associated
Press learned on reliable authority tonight.
It is expected that Mr. Scandrett will
assume his duties immediately on the
approval of the reorganization plan
by the interstate commerce commission. Mr. Byram. it is lielieved. will
continue his connection with the property in the capacity of chairman of
the lioard of directors.
Friends of Mr. Byram have known
for some time that he desired to be
relieved of some of his duties, which
have been particularly arduous during
the receivership of the road, and the
announcement of his successor as operating head of the company has been
awaited with great interest in the
railroad and financial worlds. The St.
Paul, operating approximately 11.000
miles of track in 12 northwestern
states, is one of the largest railroads
in the country.
Mr. Scandrett. who is 51 years old,
has the reputation of being one of the
greatest traffic experts In the country,
being particularly well versed in northwestern railroad problems. He has
been connected with the legal department of the Union Pacific ever since
his graduation from the law school of
the University of Minnesota, his work
being largely in connection with rate
matters, valuation problems, labor
problems, and other matters arising
under the interstate commerce act.
ATTEMPT TOf MPEACH GOVERNOR OF
OKLAHOMA AND OTHERS FALLS FLAT
OKLAHOMA CITY. Okla.. Dec. 20.—
Oklahoma's political insurrection, aim-
ad at the removal of Gov. Henry S.
Johnston and at least two other state
officers, reached an unsuccessful end
today.
With dramatic suddenness the state
senate borught impeachment activities
to a close today by the dismissal of
charges voted by bouse members
against Governor Johnston. Chief Justice Fred P. Branson of the state supreme court, and President Harry B.
Cordell of the state board of agriculture.
Meeting in a downtown hotel, to
which they retreated yesterday after
they had been dispersed-at the doors
of their capltol chamber by national
guardsmen under the direction of the
governor, the senators decided, by
vote of 26 to 16, that the house of
representatives had no authority ,to
convene' itself and vote the impeachment charges.
Members of both houses, who had
persisted in meeting despite a series
of unfavorable decisions by state
courts and the; military resistance,
abandoned their activities abruptly
after the senate decision and began to
depart for their homes, unpaid for
their efforts.
Shortly after the session had adjourned. Governor Johnston issued an
order demobilizing the units of the
Oklahoma national guard, which first
were called out Dec. 12 to prevent
the house of representatives from
meeting in its chambers and voting
impeachment charges.
Several senators who spoke and
voted for dismissal of the impeachment charges made it clear they did
so not because of friendship for the
accused officials but because they had
become convinced of the illegality of
the attempted actions.
Senator Tom Anglln, of Holdenville.
one of the strongest bulwarks of defense against the assault on the office
of the governor, said that "Johnston
is no governor at all." but argued
against the pursuance of a course of
action which he felt would result in
dual government and chaotic conditions In the state. Senator Anglln
was president pro tempore of the senate that conv|eted former Governor
J. C. Walton on Impeachment during
absences from the state of Governor
M. E. Trapp.
Montana Bandit Kills
Three In Salmon, Ida.
SALMON. Ida, Jan. 3.—Robert Hamilton, charged with the shooting to
death last night of three city officers
here, was surrounded and captured tonight by a posse from this city, which
found him in a barn about two miles
from the scene of the shooting. Hamilton was seriously wounded in trying
to escape and it was considered doubtful whether he would reach Salmon, in
the custody of his captors, alive.
Hamilton, a former resident of the
Big Horn basin, shot and killed Deputy Sheriff Lewis Bancroft, Bill With-
ingtou and Len Cummings, all of this
city, in Hamilton's cabin at Tendoy,
:!(l miles north of here.
Hamilton had been in trouble several limes in Montana and Idaho and
was regarded by officers as a desperado. He had been arrested yesterday
on a charge of robbery. Bancroft deputized two Hamilton citizens, Withing-
ton and Cummings, to assist him in
making the arrest. After he had been
notified that he was under arrest, Hamilton asked that the officers accompany
him to his cabin where he said he
wanted to get warmer clothing. The
men consented hut no sooner had the
party reached Hamilton's cabin than
lie shot each of the three men through
Die' head, killing each instantly.
Hamilton then took Bancroft's gun
and a horse and started toward the
Montana line. He was believed to have
gone down Agency creek, across the
divide, and to lia\e headed toward
Horse Prairie.
The posse organized here discovered
Hamilton in a barn near the scene of
(he shooting, however, and when he
attempted to effect his cscepe. Hamilton was shot twice, once in the head
and once in the chest. Because feeling
is running high here officers arc keeping Hamilton at the ranch house. A
doctor was called, but the man cannot
possibly live, it was reported here.
Judge Miller Holds
Short Term Of Court
Judge 11. J. Miller was here from
Livingston Tuesday to hold a short
session of court. Matters were heard
as follows:
State of Montana against Ed Wat-
kins, burglary. Defendant arraigned
and entered plea of not guilty. Bail
fixed at 91.000.
Beatrice Beglcy vs. Lee Begley. Divorce granted. Plaintiff given leave
to resume maiden name of Beatrice
Hoesic.
Associated Mortgage Investors, Inc.,
vs. Montague Ball and others. Judgment for plaintiff for HJXUH principal and interest, $13.1.99 attorney's fee.
926.50 abstract fee, 911.A5 costs. Foreclosure of mortgage ordered.
Probate orders were made as follows:
Henry F. Dean, deceased. Order approving sale of real estate signed.
Alice M. Wlllmnn. deceased. Hearing
set for February 7.
Jonas Andrew Skipstad. deceased.
Order authorizing lease of real estate
signed.
P. Kelly, deceased. C. L. Crest appointed administrator.
Thomas Bcntson. deceased. Order
appointing administrator signed.
C. B. Mendcnhall. deceased. Order
directing sale of real estate signed.
II. P. Franklin, deceased. Final account approved.
Townsend World War
Man Freezes To Death
TOWNSEND, Dec. 30.—The frozen
body of Benjamin Bunch, World war
veteran, who served overseas, was
found at 10 o'clock this morning, within a hundred feet of his cabin on-the
outskirts of the town. Floyd Johnson
discovered the body and reported to
the authorities, who summoned a doctor. Death was caused by exposure,
according to the physician.
Mr. Bunch was last seen alive at a
pool hall about midnight, when he left
for home. For the past week he had
suffered from lumbago and referred
to an attack he had early yesterday.
It was supposed that en route home
he was again attacked and lay down
to rest. Drowsiness probably overcame
him, due to the cold, and his death
followed The authorities had not decided tonight whether or not an in-
cpicst would be held. There is no suspicion of foul play.
Bunch was about 40 years old. He
came to Broadwater county In 1014
and except during the time be served
in the World war has made his home
here and at various ranches where he
worked. He was born in Kentucky. So
far as known no relatives reside in
Montana. The veteran was a member
of the Broadwater post of the American Legion.
Florida Member Gives
Good Southern Dope
WASHINGTON, Dec. 30.—All candidates for the republican presidential
nomination and their campaign managers were warned Friday by George
W. Bean, national committeeman for
Florida, that their pre-convention campaigns must be waged "in the same
dignified way*1 in the south as they
will he in the north, fir sentiment
will react against them.
Any attempt, he declared, to send
contesting delegations to the Kansas
City convention in the hope of blocking a nomination for any particular
candidate will "stir up strife" with
bad results to the persons responsible.
Denying that the southern delegations could be "delivered" to any single man, the committeeman declared
that the delegates from the south
would go to Kansas City "unrestricted
and unpurchasablc." and that the only
prerequisite they would ask of a candidate would be that he be in sympathy with the Coolidge policies.
Bean declared he favored President
Coolidge for the nomination ''almost
to the point of drafting him." hut asserted that he would not be a party
to a draft movement unless lie was
convinced beforehand that Mr. Coolidge would accept the nomination if
tendered him.
The Floridan declared that "every
southern national committeeman*' resents the statement that the south
can be delivered to any one.
"Willi the president out of the race.
we must find a strong candidate who
will appeal to the masses, particularly
in the doubtful states. The democratic south is going to vote for their
.• .mlnee, whoever he may be: have no
illusions about that fact. Then our
candidate must represent the Coolidge
policies to carry states like New York.
New Jersey. Indiana and Illinois."
THREE OF FORTY DROWNED
IN SDB S4 BROUGHT TO TOP
One An Officer, Another A Mate, And Third A
Petty Officer—Coolidge Sends Message
Requesting Quick Investigation
Murder In New York
Gets Much Attention
NEW YOBK. Dec. 20.—Two slim
clues were uncovered by police today
in the mysterious murder of Mrs. Mary
Harrington, vaudeville actress, believed
to have been l>catcn to death in her
Upper West Side apartment.
They led to a search for the driver
of a blue taxicah which neighbors said
they often had seen parked for hours
outside the apartment building and for
a man who last Friday answered the
woman's advertisement offering to sublet her apartment.
An autopsy today established that
death was caused six days ago by
heavy blows which crushed the skull.
The woman's empty jewel case, its
lock shattered, was found in a bureau
drawer, when the body was found.,
yesterday morning. There were evidences of a terrific struggle in the
bathroom where the body was found
and the assailant had carefully replaced furniture which must have l>ccn
overturned.
Guy Harrington, the woman's husband, left for New York today from
Wilkesbarrc. Pa., where he has been
appearing with a stock company. It
was his reference to a taxicab driver
first led police to seek the drher of
the blue car as the slayer. He said
he had not heard from his wife for
two weeks and that they had been
separated for several years.
Weather Had Nothing
On Annual Mask Ball
Weather conditions for the annual
masquerade of the Modern Woodmen,
Monday night, were anything but encouraging, hut the crowd was there.
Had the conditions been heller the
committees would have had hard time,
providing for guests, as the hall was
filled to overflowing all the time.
Good music was furnished by Mrs.
Ceryl O'l.cary. F. M- Ferris. Dr. J. W.
Church, Myron Bryant and Allen Gamble.
Judges for the ladies were Mrs. W.
D. McKenzie, Mrs. W. G. Aller and
Evelyn Bees; for gentlemen, Glen M.
Tangen, J. N. Blankenhaker and Leo
J. Cremcr.
Prise winners were: Ladies—Original
costume, Bessie Bichardson. first; Stella Farmer, second; Charleston, leathering Harper; first flower girl, Mrs. A.
A. Lamp, second Hattie Johnson; comical lady, L. R. Zcllers; cow girl. Jennie Harper; old maid, Mrs. J. E. Cameron; Norwegian, Mrs. James Sands-
ness; negress, Mrs. George Thorson;
Indian, Mrs. Forrest Dodge; Gypsy.
Vivian Green; bride and groom, Ethel
Manis and Grace Munroe. Gents—Original, Bob Hart, first, Ed Douthctt. second; comical, Ceryl CLeary; Norwe-
gisn, S. N. La void; Scotch Highland,
Stanley'Harper; clown, A. T. Ellison;
fanner, Will Churchill; fat man, A. A.
Lamp; cowboy, Ernest Langston; negro.
Harry Dngro; Charleston, Arnold
Slerdand, Floyd Harper, Thjrra Dodge.
PUOVINCKTOWN. Mass.. Jan. 4.—
The sunken submarine S-4 today yielded the bodies of three of the 40 men
who lost their lives when the ship was
rammed and sunk ofT Cape Cod eighteen days ago.
Divers, entering the hull this afternoon, carried the bodies from the engine room and from the ocean bottom
they were raised slowly to the surface at the end of ropes lowered from
the salvage ships on the surface.
With no attempts at identification,
the bodies were placed in liaskets and
put aboard the destroyer Maury which
started tonight for the navy yard at
Boston. There they will lie transferred to the na\y hospital at Chelsea
where identification will be made.
A naval academy class pin on one
indicated the body was tliat of one
of the five officers who were aboard.
Another was a machinists mate, and
the third apparently a chief petty officer.
Divers who recovered the bodies expressed the opinion there were no
others in the engine room compartment. They did not succeed in completing their search of the compartment, however, before they were forced to stop operations for the day.
Although there was no opportunity
for a thorough medical examination,
the appearance of the bodies indicated
the three men were drowned rather
than suffocated. They bore little evidence of the long immersion in the
water. All of the bodies were fully
clothed and when found were on the
floor of the compartment.
WASHINGTON. .Ian. 4.- In answer to
the nation's question concerning the
loss of the S-4 with her forty officers
and men, the administration took steps
today to set in motion an investiga-
Hickman's Lawyer Is
Ready For Big Scrap
LOS ANGKLKS. Cal.. Dec. 30.—Plea
of insanity. Jerome Walsh, counsel for
William K. Hickman, said late today,
would he the confessed kidnaper and
slayer's answer to the charge of abducting and murdering of Marian
Parker.
Walsh. Kansas City attorney, who
came here to defend the t!)-ycar-old
youth, who today told Chief of Detectives Herman Cliue that the $1,500
ransom obtained from the dead girl's
father meant more to him than the
girl's right to live, tonight outlined
his probable defense on the plea of
insanity.
The Missouri lawyer, who arrived
here yesterday and spent the day closeted with Los Angeles officials and in
Hickman's cell with the prisoner, said
that a night's study of the California
penal code offered four possible avenues of plea. These are. lie pointed
out. "guilty,** 'tin sanity." guilty and
insane." or "not guilty and insane."
The last pleas would require, first,
a trial as to the guilt of the charge
of kidnaping and murder and later a
separate trial as to sanity, before
cither the same or a different jury.
The legal roads open to a defense
of Hickman on a plea of insanity are
founded on new sections of the penal
code, legal authorities said, which have
not been tested before the supreme
court.
Walsh, retained by Hickman's mother in Kansas City, exrpesscd his belief
that Hickman has withheld information of the kidnaping and murder of
the 12-ycar-old daughter of Perry M.
Parker, hank oflicial. He said he was
convinced that the crime had not
been commit led by one person alone.
The attorney also announced thai
Hickman's mother and sister might
come to California for the trial.
lion by a specially appointed commission.
• Acting upon a suggestion of Secretary Wilbur, President Coolidge asked
congress ofr authority to appoint three
civilian experts and two retired naval
officers to inquire into the disaster
which Chairman Hale of the senate
naval committee declared had stirred
the country as had no other since the
blowing lip of the battleship Maine.
Identical resolutions to carry out the
president's suggestion were introduced
at once in the house anrl senate with
indications that the final action would
he taken within a few days.
Resides inquiring into the disaster
itself, the commission would study and
make recommendations for the improvement of devices to insure the future safety of the navy's submarine
forces and to prevent so far as possible
a repetition of the S-l tragedy.
I'nder the resolutions the commission
would he clothed with full power to
subpoena witnesses, hooks and papers,
take testimony under oath and perform
all other legal functions of a regularly
constituted committee of congress. Its
report would be made to congress
through the president, insuring complete publicity for its findings and recommendations.
The president's proposal, which included an expense appropriation of
•120.000. occasioned brief discussion in
the two houses anil apparently headed
off outbursts which had been promised by a. number of congressional statements during the Christmas holidays.
In introducing the resolution in the
senate. Senator Hale said he lielieved
that the navy had done everything possible to rescue flie men in the S-4 but
added that it was not enough that ha
and oilier senators held that belief.
'The fair name oft he navy demands
thai the verdict for or against the
navy shall be delivered by a commission that all men must know to be impartial" he said.
Refore the resolution was introduced
in the house by Chairman Butter of
Hie naval committee, different eye witnesses' account of Hie S-l rescue at-
lempfs were given by Representative
l.aguardia. republican. New York, and
Representative Gilford, republican. Mass
achusells.
In order to speed action on the
house resolution, I he extraordinary
step of referring it directly to the
rules committee was agreed upon by «
leaders of both parties. Chairman
Snell of that committee expects no opposition to the resolution with a likelihood thai it would lie reported before the week end. The senate resolution was referred to the naval committee which was called upon to meet tomorrow for action upon it.
George Remus Must
Enter Insane Asylum
CINCINNATI. O.. Dec. :«0.—The unanimous finding of sanity by six of Cincinnati's most eminent specialists in
mental diseases lo the contrary. Judge
William H. I.ucders today declared
George Remus "now insane and a dangerous person to be at large" and ordered him committed to the state hospital for the criminal insane at Lima.
The decision, however, merely marked a milestone in the strenuous fight
of the former Chicago lawyer, who
became the "king of bootleggers'* to
evade punishment for the murder of
his estranged wife. Imogcne.
The liattle. almost immediately, was
carried into another court, upon a petition for a writ of habeas corpus.
Gabriel Ryerson. brother-in-law of
Remus, won the issuance of a writ
upon which final hearing was set for
III o'clock next Tuesday morning.
I'nder Judge I.ucders' decision. Remus
was lo have been taken to Lima.
HICKMAN DEFENSE TO BE INSANITY
ON MURDER AND KIDNAPING CASE
LOS ANGKLKS. Jan. .1.—William F.d-
ward Hickman today pleaded not guilty
to Hie charges of kidnaping and murdering Marian Parker "by reason of
insanity."
He at first pleaded insanity on the
murder charge alone, but changed it
later to cover both accusations.
Asked by the court if he knew the
insanity plea was an admission of the
killing, he replied with a brief "yes."
Superior Judge Carlos Hardy fixed
the date of trial as Jan. 25. At first
he named Jan. 24. but when he found
that he was consulting a 1927 calendar,
be changed the day.
Hickman's attorney, Jerome Walsh,
of Kansas City. Mo., filed an affidavit
of fact asking for a delay in the idea,
hut this was denied.
Following the taking of the picas.
Walsh asked for a 35 day continuance
lieforc trial, which is five days over
the legal limit in this state. The
judge ended the argument by setting
Jan. 25.
Hickman was asked by the court if
Walsh was his only attorney and he
replied: "Yes, your honor."
He spoke only twice daring the short
session. Throughout lie sat beside his
lawyer at the counsel table with eyes
fixed on the floor.
Behind him, at the rear of the court
room, was the only representative of
tiie Parker family present. Perry (Bill)
Parker, step-brother of the slain girl.
Young Parker appeared to be under a
severe nervous strain, riveting his eyes
alternately on the judge and the prisoner.
There was only one delay from tha
time Hickman was led through heavily guarded corridors to the court room
until he emerged again on his way
liack to the county jail. This cam*
during a conference in the Judge*!
chambers between Judge Hardy ami
Walsh after the latter had asked for
a continuance on the plea.
While the court recessed, Hickman
was taken from the room to the prisoners' room adjoining, and was returnr
ed four minutes later when Judge
Hardy resumed the bench.
The entire eighth floor of the Hall
of Justice was crowded solid with per-.
sons seeking admittance to the court
room bat a heavy squad of guard*
with tear bombs in their hands, ready
for emergencies, maintained order.